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Avoiding Transparency

As I have previously written, Judicial Watch has done an amazing job of keeping our government transparent, regardless of which party is in power. Recently, Judicial Watch uncovered records that the State Department (during the Obama administration) had told them did not exist. The documents uncovered reveal that the Obama administration was tracting FOIA requests. The question is whether or not Secretary of State Clinton was attemptig to evade FOIA by using her private server.

(Washington, DC) – Judicial Watch announced today that it obtained 44 pages of records from the State Department through court-ordered discovery revealing that the Obama White House was tracking a December 2012 Freedom of Information Act (FOIA) request seeking records concerning then-Secretary of State Hillary Clinton’s use of an unsecure, non-government email system. Months after the Obama White House involvement, the State Department responded to the requestor, Citizens for Responsibility and Ethics in Washington (CREW), falsely stating that no such records existed.

Judicial Watch’s discovery is centered upon whether Clinton intentionally attempted to evade the Freedom of Information Act (FOIA) by using a non-government email system and whether the State Department acted in bad faith in processing Judicial Watch’s FOIA request for communications from Clinton’s office. U.S District Court Judge Royce Lamberth ordered Obama administration senior State Department officials, lawyers, and Clinton aides, as well as E.W. Priestap, to be deposed or answer written questions under oath. The court ruled that the Clinton email system was “one of the gravest modern offenses to government transparency.”

The State Department’s Office of Inspector General issued a report in January 2016 saying “At the time the request was received, dozens of senior officials throughout the Department, including members of Secretary Clinton’s immediate staff, exchanged emails with the Secretary using the personal accounts she used to conduct official business.” Also, the IG “found evidence that [Clinton Chief of Staff Cheryl Mills] was informed of the request at the time it was received …”

The State Department produced records in response to court-ordered document requests that detail Obama White House involvement in the Clinton email FOIA request.

In a December 20, 2012, email with the subject line “Need to track down a FOIA request from CREW”, Sheryl L. Walter, director of the State Department’s Office of Information Programs and Services (A/GIS/IPS), writes to IPS officials Rosemary D. Reid and Patrick D. Scholl and their assistants:

WH called – have we received a FOIA request from CREW (Citizens for Responsible Ethics in Washington) on the topic of personal use of email by senior officials? Apparently other agencies have. If we have it, can you give me the details so I can call the WH back? I think they’d like it on quick turnaround. Thanks! Sheryl

In the same email chain, Walter on December 20, 2012 also emailed Heather Samuelson, Clinton’s White House liaison, describing the CREW FOIA request:

Hi Heather – Copy attached, it was in our significant weekly FOIA report that we send to L and S/ES also. Do you want us to add you to that list? It’s a subset of things like this that we think likely to be of broader Department interest. More detail below re this request. As a practical matter given our workload, it won’t be processed for some months. Let me know if there are any particular sensitivities. If we don’t talk later, happy holidays! All the best, Sheryl

Sheryl: The request is assigned Case #F-2012-40981. It was received on 12/6/2012 and acknowledged on 12/10/2012. The request is assigned for processing.

On January 10, 2013, Walter writes to Samuelson that she is not including “personal” accounts in the FOIA request search:

Hi Heather – did you ever get any intell re what other agencies are doing re this FOIA request that seeks records about the number of email accounts associated with the Secretary (but isn’t specifying “personal” email accounts so we are interpreting as official accounts only). We are considering contacting the requester to find out exactly what it is they are looking for. Do you have any-concerns about that approach?

Soon afterward, Samuelson responds, “White House Counsel was looking into this for me. I will circle back with them now to see if they have further guidance.”

CREW’s general counsel, Anne Weismann, submitted a FOIA request to the State Department on December 6, 2012, seeking “records sufficient to show the number of email accounts of or associated with Secretary Hillary Rodham Clinton, and the extent to which those email accounts are identifiable as those of or associated with Secretary Clinton.”

On May 10, 2013, [Information Programs and Services] replied to CREW, stating that “no records responsive to your request were located.”

Samuelson became Secretary Clinton’s personal lawyer and in 2014 led the review of Clinton’s emails to determine which ones were work-related and which were personal. She was also one of five close Clinton associates granted immunity by the Department of Justice in the Clinton email investigation.

Samuelson is one of several Obama administration and State Department officials ordered by U.S. District Judge Royce C. Lamberth to respond under oath to Judicial Watch questions regarding whether Clinton’s private email use while Secretary of State was an intentional attempt to evade FOIA.

The new documents also include a January 2013 email exchange discussing Clinton’s departure from the State Department in which Agency Records Officer Tasha M. Thian specifically stating that Secretary Clinton “does not use email.”

This was directly contradicted by an email exchange between Secretary Clinton and Gen. David Petraeus dating back to January 2009 – the very first days of Clinton’s State Department tenure – in which she tells Petraeus that she “had to change her email address.”

Interestingly, this email exchange between Petraeus and Clinton was not produced in a related FOIA lawsuit seeking “all emails” of Hillary Clinton. The bottom portion of the email chain was produced, but not the beginning emails.

In a January 2013 email under the subject “RE: Sec Clinton’s papers,” Thian writes:

Just so you know, Secretary Clinton – she brought with her a lot of material as Senator and First Lady – 47 boxes. In case you hear there are many boxes I wanted you to know what they are. She is taking her copies of photos, public speeches, press statements, contacts, templates (some of these are both hard copy and electronic), reimbursements, etc …

Although Sec. Clinton does not use email [emphasis added] her staffers do – I have agreed that the emails of the three staffers will be electronically captured (and not printed out).

Also included in the new batch of documents is the draft Departing Officials Notice, which states that State Department personnel are not to remove classified records from Department “custody and control.”

The new records obtained by Judicial Watch are further evidence revealing the Obama White House’s early knowledge of questions surrounding Clinton’s email use. In late April, Judicial Watch announced that E.W. (Bill) Priestap, assistant director of the FBI Counterintelligence Division, had admitted, in writing and under oath, that the agency found Clinton email records in the Obama White House, specifically, the Executive Office of the President.

“These documents suggest the Obama White House knew about the Clinton email lies being told to the public at least as early as December 2012,” said Judicial Watch President Tom Fitton. “A federal court granted Judicial Watch discovery into the Clinton emails because the court wanted answers about a government cover-up of the Clinton emails. And now we have answers because it looks like the Obama White House orchestrated the Clinton email cover-up.”